Bare ActsThe west bengal land reforms act, 1955

Section 23

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(1) A raiyur shall pay as revenuc (or his halding the same amount which was payable by him as rent for hc lands comprised in such holding immediately hefore the coming into force of thc provisions of this Chap~er. (2) Where no rent was payable in rcspect or the lands comprised in such holding immcdiatcly bcfore the coming into lbrce or rllc provisions of this Chap~cc, thc raiyut shall pay revenue at such raw as h e Revenue Officer may dc~ermine in the prescribed manner, having regard ro the rent [hat was generally being paid immcdiarcly beforc h e corning into forcc of he provisions of this Chapter for lands of similar description and with similar advanhges in the vicinity. '23A. Wherc thc holding 01 a rrriwi comprises his homcsccad, he raiyar shall be entided, on an applicarion to ~ h c Rcvcnue Officer, to havc the revenue of such holding abated by such arnoum as bears the same proportion lo such rcvenuc as hc arca covered by such homestead or one-third of an acrc, whichcvcr is lesser. bears lo thc arca of such holding: Provided that nohing in this section shall apply where such homestead lies wi~hin- (a) any area wihin [he local limi~s of a municipality, (b) any arca constiturcd by thc Srate Government as a no~ified Ben. Aa XV arca undcr scction 93A of h e Bengal Municipal Act, 1932, of 1932. or (c) any such arca in a ncwly-developing localily as may be spccificd by thc State Government by notification in Ihc OJicial Gclzeae. 'Section 22 was subsrirurcd for thc original scclion by s. 10 of rhc We51 Erngal h d Reforms (Amendmen!) Act. 1965 (West Ben. ACI XVlll of 1965). ?Scciions 23 nnd ??A vrrr rubrrirurrd Tor rhc orieinnl xcrian 23 bv s. I I , i&l. The \Vest Rerrgol Lurrd Rcfonrrs Act 1955. '23B. Nolwilhshnding anylhing contained in this Chaplcr,- (a) where on an applicarion madc by a mijot or olhcrwisc, h e Rcvcnuc Ofiiccr rnakcs an ordcr tha~ the total arca of land held by a raipr wjrhin his holding or holdings ?[does no1 cxcccd 1.6 19 hcctarcs in irrigated arca or 2.428 hcctares in non-irrigared area], thc raiyat shall bc cxcmprcd irom paying rcvenuc in rcspccl oi his holding or holdings with eifect from the 1st day or BaisokJi, "1385 B.S.] : Ben. Acl [X or 1880. Bcn. Act VII of 1930. Provided that such exempdon sball no1 dfcct rhe liabilily of rhe mijar lo pay any ccss imposcd on him undcr [he Ccss Ad, 1880, or [he Bcngal (Rural) Primary Education Acr, 1930, or any olhcr law for thc timc bcing in rorcc on the basis of [he presenr rcvcnuc of his holding or holdings: Providcd funhcr hat a raiyat shall no1 bc cnlitled to exemption from paying rcvc~~uc under this scclion if as a result of transfer or parlilion made afier the 1st day of Baisakh, '[I 384 B.S., the total area of his land is reduced ro 1.6 19 heclarcs in irrigalcd area or 2-428 hcctares in non- irrgaled area or less.) E.rpla~tario)~.-The expression "land held by a miyat within his holding or holdings" shall msan where there are more rhan one ruiyal in a family, [he aggregate area of lands held by all such raiyars; 5(aa) where thc land held by a raipf within his holding or holdings is silualed in b o h irrigaled and non-irrigalcd arcas, one hectarc OF land in irrigated area shall, for the purpose of clausc (a), hc dccmed to be cquivaleni to 1.5 hectarcs in non-irrigated area; b(b) subjecl LO thc provisions conraincd in clauscs (a) and (aa), the revenue payable by a ririyur in respec1 of his holding or holdings shall, with effec~ irom [he lsl day of Bnisakh, 1385 B.S., be at the m e of the presenl revenue i F the Iand included in thc holding or holdings is siluated in a non- irrigarcd area and a1 one and haIf limes of such m e if such land is situated in an irrigarcd arca: 'Section 23B was list inscncd by s. 5 oi thc Wcst Bzngal b n J Reionns (Second A~nendmcnt) Act, 1969 (Wesi Ben. Acl XXIII of 1969). Therrafltr the same was substituted by s. 3 or the Wmr Benpl L n d Kcforms (Sccond Arncndmcnl) Act, 1972 (Wesl Ben. Act XXVllI of 1972). =The words and figures within rhc squarc bnckccs $\vcrc substituted for thc words and figures "does nor cxcccd 1,214 h c c ~ " by 5. 6(l)(i) of lk \Vest Bzngill Cand Rcfom (Arncndincnt) Act. 1977 (\Vest Bcn. Act XXXlV of 1977). "c figures and abh~vialions wilhin the square bnckcrs \VCR substituted for the figurn md abbreviauons "1376 0,s." by s. 6(l)(ii), ibi.4. 'The words, figurcs and abbreviations within the %]urn bnckcE wcre substitulcd for rhc words. figurcs and abbmviarions " 1376 B.S.. !he total m a of his land is rcduccd u, 1.214 h c c ~ r w or Icss." by s. 6(l)(iii). ibid. 'Clause (m) was insend by s. €32). ibid, T l l r i r r (h) rvnc c~!h~~iri~rrrl fnr rhr nriainnl r.li~~cr hu c hl7\ i l r i r l Re- xscssmcnt o f rervcnuc. ctemplinn of rcvenuc of small holdings and paynlcnt of surchgc. The Wesf Betrgal La~rd Re Jontls Act, 1955. [West Ben. Act Provided k a t if Ihe Collector is satisfied that any land within an irrigalcd area has not received irrigation water or lhc crops have been dmagcd by cxccss watcr during any panicular year, hc may, by order, direct xsessmenl of land revcnuc of such land for [ha[ year to bc madc as if ~ h c land is included in a non-inigatcd mca. (c) if he total area of land held by a raijat in rcspccl of his holding or holdings is 4 hcctarcs or more in ones~nrlza, he shall, wilh effeci from the first day of Baisok11, 1379 B.S., pay, in addiuon to thc revenue by him for such Iand, a surcharge ar [he rate of ten per cart. of such rcvenue; (d) if any amount already paid by a raiyar is in excess OF the revenue payablc by him under his seclion, thc same shall bc rcrundcd to him, bur if there is any deficiency in such payment the same shall bc recovered from him as an arrear of revenue under hc Bcngal Public Demands Recovery Act, Bcn. Act 111 1913, without any claim for inleres~ being made upon thc of 1913- Erplu~rario~r.--For the purposcs of this scclion, (a) the term "family" in rdation to a raiyal shall be deerncd to consist of himscll; his wife, minor sons and unrnarricd daughters, i i any; (b) the expression "imgared area" shall have the same meaning as in clause (d) of section 14K; and (c) h e exprcssion "present revenue" in rclaljon lo any holding means the arnounl of revenue payable by a raiyar in respec1 of such holding immediately before [he comrnencemcnl of h c Wcst Bcngal Land Reforms (Scuond Amendment) west Bm. Acl, 1969. Acr XXIll of

Section 23 – The west bengal land reforms act, 1955 | DailyLaw.ai